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HomeMy WebLinkAbout0541 MAIN STREET (HYANNIS) - Health (2) Mary Naples UFT i 541 Main St./Hyns. / 'g Ali- Pam ' I. A. Mary Naples - 541 Main Street, Hyannis, Outdoor push-cart VARIANCE. * CONTINUED FROM PREVIOUS TWO MEETINGS - Paperwork previously submitted. . * STATUS - Awaiting floor plan of handwash sink, location of base of operation, etc. ' TOWN OF BARNSTABLE Received by �pyo t E ro�`o OFFICE OF Date 1 �.�ST,� BOARD OF HEALTH p�1tea 367 MAIN STREET �'FO MAY k` HYANNIS,MASS.02801, .. .• VARIANCE REQUEST FORM All variance requests must be submitted fifteen (15)--days prior to the scheduled Board of Health Meeting. TEL.0 NAME OF, APPLICANT ADDRESS OF APPLICANT n KoK�Jam'` tS /q �b�,r+yam�J J�'rP1,40tel .' Q/b� NAl!�E , OWNER OF PROPERTY SUBDIVISION NAME cv /Fl DATE APPROVED ASSESSORS.:MAP & PARCEL NUMBER,MAP 108 P AQcEc 130 LOT: SIZE. � PC - LOCATION OF .REQUEST VARIANCE FROM REGULATION (List Regulation) a needed) ec ) ANCE (May attach letter- if space eREASONFOR VARI E„� �,.� s �y 07-4 'JC'v 'r" ,vE pF TaCiic C. -e.s. DVS Irz 2 R E s t •r P i�c7v D R C. rJ �2, �A,R 1�✓ c€_ 5� %C IUD A/C7� PLAN _ POUR COPIES' OF . PLAN>,�MUST BE SUBMITTED CLEARLY OUTLINING VARIANCE REQUEST. '�oc�r'. F ccr VARIANCE APPROVED NOT APPROVED REASON FOR DISAPROVAL Q Ann Jane Eshbaugh, Chairma Susan G. Ras t . Joseph C. Snowy M.D. BOARD OF HEALTH TOWN OF BARNSTABLE t 4 s�+ 3 ��TN[TO The Town of Barnstable •J Health Department t ""STA" ` 367 Main Street, Hyannis, MA 02601 rua �o r�r�• Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health June 17, 1991 Ms. Mary Naples 155 Brick Kiln Road East Falmouth MA Dear Ms. Naples] I am writing to restate what is required in order to receive a recommendation from myself to the Board of Health regarding your proposal to sell hawaiian-style shaved ice from a push cart located outdoors at 541 Main Street Hyannis. The following is required * A variance from the Board of Health Regulation 22 which does not permit pushcart type vendors in the Town. The variance request form must be completed and submitted at least 15 days prior to the next scheduled public meeting as written in the variance procedure. Also, four (4) copies of a neatly drawn sketch plan showing the location of the sinks and bathrooms must be submitted with the completed variance request form. To date, I have not received a plan showing the required sinks. * A single basin handwash sink equipped with a potable water system on the push cart. The hand wash sink shall be equipped with hot and cold or tempered running water under pressure, hand cleansing soap or detergent from a dispensing unit, and sanitary towels or other hand-drying devices. This hand wash sink must be conveniently located and easily accessible. The hand wash sink in the restroom cannot be considered as the hand wash facility for the employee(s) of the food push cart (please read 590.019, 590.029(D) and Regulation 11 attached) . * A separate double compartment sink with potable hot and cold water system on or in the vicinity of the push cart for the purpose of washing and sanitizing the removable syrup bottle dipensers and any other food contact surfaces (please read Regulation 22 attached) . * A waste retention tank which is at least 15 percent larger capacity than the water supply tank (please read 5904029 (E) attached) . 0'A * Toilets - Operators of pushcarts shall obtain the use of adequate and suitable toilet facilities where hand-washing facilities are available (please read 590.029 (F) attached) . * A base of operations at a permitted fixed food establishment which complies with the requirements of 105 CMR 590.000 (I) . The pushcart operator shall bring the pushcart and report to the food establishment at least daily for all food supplies and for all cleaning and servicing operations. * Servicing Area - There shall be a location for the flushing and drainage of liquid wastes separate from the location provided for water servicing and for the loading and unloading of food and unrelated supplies. All liquid waste shall be discharged to a sanitary sewage disposal system in accordance with 105 CMR 590.016 (please read 590.029 (I) attached) . * Identification of Pushcart - The pushcart shall have identification, i.e. , person's name and/or business name and address in letters not smaller than three inches, on the left and right sides of the pushcart (please read 590.029(K) attached) . * Refuse Container(s) - All garbage and refuse in the area shall be stored in a manner to make them inaccessible to insects and rodents (please read 590.020 attached) . * Hawkers and Peddlers Licenses (MA Division of Standards telephone 617-727-3480) . These requirements are consistent with that which has been required at all other mobile food units and indoor pushcarts in the Town of Barnstable, including the hawaiian-style shaved ice pushcart located inside the Cape Cod Mall during 1990 as well as the one and only outdoor pushcart utilized to dispense and to sell lemonade on Main Street in 1989 after receiving a variance from the Board of Health from Regulation 22 . With the exception of Regulation 22, these requirements are also consistent with the requirements of the State Department of Public Health. Sincerely Yours, 46aA McKean Director of Public Health cc: Warren Rutherford Ann Jane Eshbaugh ow Susan Rask Joseph C. Snow, M.D. Priscilla Luongo O vn r en C viceS� CS VIC rccck rfe?ff)cirGil lUtl i✓1Vojvcj � ��� � C•v�� ��. � i S �v����� �����Y C r PAS k c,-A;�i T.� 0 1 o v� ,-c� csvX oLL� p ._ pp r Yt v, yC> toe u Se I 2 i�x�S�'1 Y'� ���'1 i C V i t�es F r i,��c� � o•-� � c3 Vie,v c �i, •� � �i�,t•�. ��n�.�v�c.� ��. �-©�'���e� 5 The Town of Barnstable Health Department 367 Main Street, Hyannis, MA 02601 � 039 1679' ` Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health June 17, 1991 Ms. Mary Naples 155 Brick Kiln Road East Falmouth MA Dear Ms. Naplesp I am writing to restate what is required in order to receive a recommendation from myself to the Board of Health regarding your proposal to sell hawaiian-style shaved ice from a push cart located outdoors at 541 Main Street Hyannis. The following is required : * A variance from the Board of Health Regulation 22 which does not permit pushcart type vendors in the Town. The variance request form must be completed and submitted at least 15 days prior to the next scheduled public meeting as written in the variance procedure. Also, four (4) copies of a neatly drawn sketch plan showing the location of the sinks and bathrooms must be submitted with the completed variance request form. To date, I have not received a plan showing the required sinks. * A single .basin handwash sink equipped with a potable water system on the push cart. The hand wash sink shall be equipped with hot and cold or tempered running water under pressure, hand cleansing soap or detergent from a dispensing unit, and sanitary towels or other hand-drying devices. This hand wash sink must be conveniently located and easily accessible. The hand wash sink in the restroom cannot be considered as the hand wash facility for the employee(s) of the food push cart (please read 590.019, 590.029(D) and Regulation 11 attached) . * A separate double compartment sink with potable hot and cold water system on or in the vicinity of the push cart for the purpose of washing and sanitizing the removable syrup bottle dipensers and any other food contact surfaces (please read Regulation 22 attached) . * A waste retention tank which is at least 15 percent larger capacity than the water supply tank (please read 590.029 (E) attached) . r t . * Toilets - Operators of pushcarts shall obtain the use of adequate and suitable toilet facilities where hand-washing facilities are available (please read 590.029 (F) attached) . * A base of operations at a permitted fixed food establishment which complies with the requirements of 105 CMR 590.000 (I) . The pushcart operator shall bring the pushcart and report to the food establishment at least daily for all food supplies and for all cleaning and servicing operations. * Servicing Area - There shall be a location for the flushing and drainage of liquid wastes separate from the location provided for water servicing and for the loading and unloading of food and unrelated supplies. All liquid waste shall be discharged to a sanitary sewage disposal system in accordance with 105 CMR 590.016 (please read 590.029(I) attached) . * Identification of Pushcart - The pushcart shall have identification, i.e. , person's name and/or business name and address in letters not smaller than three inches, on the left and right sides of the pushcart (please read 590.029(K) attached) . * Refuse Container(s) - All garbage and refuse in the area shall be stored in a manner to make them inaccessible to insects and rodents (please read 590.020 attached) . * Hawkers and Peddlers Licenses (MA Division of Standards telephone 617-727-3480) . These requirements are consistent with that which has been required at all other mobile food units and indoor pushcarts in the Town of Barnstable, including the hawaiian-style shaved ice pushcart located inside the Cape Cod Mall during 1990 as well as the one and only outdoor pushcart utilized to dispense and to sell lemonade on Main Street in 1989 after receiving a variance from the Board of Health from Regulation 22 . With the exception of Regulation 22, these requirements are also consistent with the requirements of the State Department of Public Health. Sincerely Yours, hasq. McKean Director of Public Health cc: Warren Rutherford Ann Jane Eshbaugh f I { Susan Rask Joseph C. Snow, M.D. Priscilla Luongo VINE rod TOWN OF BARNSTABLE y � S tg`P o� OFFICE OF ` i DAHa7TlBLt BOARD OF HEALTH 1639*OM 391 MAIN STREET � I►Y A• HYANNIS, MASS. 02601 REVISED SUPPLEMENT TO MINIMUM SANITATION STANDARDS FOR FOOD SERVICE ESTABLISHMENTS Adopted February 21, 1975 The following regulations are promulgated.by the Town of Barnstable Board of Health, in accordance with the provisions of Chapter 111, section 31 , as amended, of the Massachusetts General Laws, and are being adopted to supplement, clarify and augment the provisions of Article X. Minimum Sanitation Standards for Food Service Establishments, of the State Sanitary Code. Applicants shall refer to the State Sanitary Code for basic requirements. REGULATION 3 - FOOD PROTECTION 3.1 All food served buffet style shall be enclosed in such a manner to prevent contamination from patrons. REGULATION 10 - PLUMBING Grease traps must be provided at -restaurants, nursing homes , schools, hospitals, bakeries, or similar establishments as determined by the Board of Health. The capacity of the grease trap shall be calculated by the kitchen flow rate of 15 gallons per seat, or chair, per day but in no case shall be less than 1000 gallons. This applies to es- tablishments connecting to Town sewer, or. establishments with on-site sewage systems. REGULATION 11 - TOILET FACILITIES All food service establishments shall provide adequate, conveniently located toilet facilities for its' employees. Each food service establishment with a seating or standing capacity of over fifty ( 50) patrons shall provide toilet f acilities •for employees that are separate from the toilet facilities provided for patrons. Separate facilities must be provided for male and female employees and male and female patrons. Each food service establishment shall be provided with adequate, conveniently located hand washing facilities for its' employees equipped with hold and cold or tempered running water, hand cleansing soap or detergent from a dispensing unit, and sanitary towels or other hand-drying devices. Common towels are prohibited. This hand- washing facility shall be located in the food preparation area. The hand was employees, can- not be considered as the hand wash facility for employees, but are required for all toilet facilities. t I REVISED SUPPLEMENT TO MINIMUM SANITATION STANDARDS FOR FOOD SERVICE ?ESTABLISHMENTS (cont'd. ) j REGULATION 14 - VERMIN CONTROL Outdoor cafe-type restaurants will not be permitted in the Town of Barnstable. REGULATION 22 - MOBILE FOOD SERVICE Push t type food 'service venders will-not `be permitted in the tTown of Barnstable: `-` �-- Mobile food units shall operate from a commissary, or other fixed food service establishment that is constructed and operated in compliance with Article X, of the State Sanitary Code, and Town of Barnstable Health Regulations. Mobile food units serving foods not packaged for individual servings and/or involving the use of utensils shall provide a potable water system under pressure. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and handwashing. A double compartment sink must be provided for washing and sanitizing utensils. A separate hand wash sink must also be provided. Mobile units garaged outside of the Town of Barnstable must furnish written certification from their local Board of Health verifying that they operate from a licensed food service establishment. REGULATION 23 - VENDING MACHINES Any establishment with vending machines dispensing food or drink must be licensed by the Board of Health. PENALTIES Any person who shall fail to comply with an order issued pursurant to the provisions of these regulations upon conviction is sub- ject to the same fines prescribed in Regulation 39.2, of Article X, of the State Sanitary Code. INVALIDATION If any section, paragraph, sentence, clause, or phrase of these rules and regulations should be decided invalid for any reason whatsoever, such decision shall not affect the remaining portions of these regulations, which shall remain in full force and effect; and to this end the provisions of these regulations are hereby declared severable. This regulation is to take effect on the date of publication of this notice. TOWN OF BARNSTABLE BOARD OF HEALTH A n J e Esh - a h haiVna • bert Lo Childs c� A. W; Mande stam, M, D. 7/19/78 i RfsT Store I Store -WalkWay- I 10 Walk Pine Way Street Side- ® Store Walk Walk Way 0 Beauty I I Salon 0 0 0 -Sidewalk- -Sidewalk- Main Street 105 CMII: DL•'PARTMENT OF PUBLIC HEALTH 590.013: continued (2) Utensils shall be air dried before being stored or shall be stored in a self-draining Position. (3) Classes and cups shall be stored inverted. Other stored utensils shall be covered or inverted wherever practical. Facilities for the storage of knives, forks. and spoons shall be designed and,used so as to present the handle to the employee or consumer. Unless tableware is prewrapped, holders for knives, forks, ,and spoons at self-service locations shall protect thesp articles from contamination and present the handle of the utensil to the consumer. (C) Single Service Articles. (1) Single-service articles shall be stored in closed cartons or containers at least six (6) inches (152 min) above the floor or on easily movable dollies, skids, racks, or open-ended pallets. Such storage shall protect the articles from contamination and shall not be located under exposed or unprotected sewer lines, or water lines that are leaking or on which condensed water has accumulated. `, (2) Single-service articles shall be handled in a manner that prevents ; contamination of surfaces that may come in contact with food. (3) Single-service knives, forks, and spoons packaged in bulk shall he inserted into holders or be wrapped by an employee who has washed his hands immediately prior to sorting or wrapping the utensils. Unless single-service knives, forks and spoons are prewrapped or prepackaged, ° holders shall be provided to protect these items from contamination and present the handle of the utensil to the consumer. Soda straws shall be > individually wrapped. 1 (D) Prohibited Storage Areas. Food equipment, utensils, or single-service articles shall not be stored in locker roams, toilet rooms or their vestibules, garbage rooms, or mechanical rooms. r t 590.015: Water Supply (A) General. Sufficient potable water for the needs of the food establishment shall be provided from a source constructed, maintained, acid operated according to applicable law. t (B) Water Delivery/Transportation. All potable water not provided to the food establishment directly from the source by pipe shall be delivered in a bulk water transport system and shall be transferred to a closed water system. Both of these systems shall be constructed, maintained, and operated according to applicable law. (C) Bottled Water. Bottled and packaged potable water shall be obtained from a source that complies with applicable law and shall be handled and stored in a way that protects it from contamination. Bottled and packaged potable water for consumer self-service shall be dispensed from the original container. (D) Water Under Pressure. Water under pressure at the required temperatures shall be provided to all fixtures and equipment that use water. z; (E) Steam. Steam used in contact with food or food-contact surfaces shall b� free from any materials or additives other than those specified in 21 CFR 173.3.10 (or any amendments thereto), "Boiler water additives". (F) Ice. Ice used for any purpose shall be manufactured from potable water and handled in a sanitary manner. 590.016: Sewage Disposal ~ All sewage, including liquid waste, shall be disposed of by a public sewerage system or by a sewage disposal system constructed, maintained, and operated according to applicable law. E r' 12/31/86 105 CM R - 4242 �; 105 CMR: DEPARTMENT OF PUBLIC HEALTH { , 590.017: Plumbing (A) General. Plumbing shall be sized, installed, and maintained according to law. There shall be no cross-connection between the potable water supply and any other system. } (B) Non-Potable Water System. A non-potable water system is permitted for air conditioning, equipment cooling, and fire protection, and shall be installed according to law. Non-potable water shall not directly or indirectly contact :food or equipment or utensils that contact food.-The piping of any non-potable water system shall be durably identified so that it is readily distinguishable from piping that carries potable water. (C) Backflow. The potable water system shall be installed to preclude the possibility of backflow. Devices shall be installed to protect against backflow and backsiphonage at all fixtures and equipment where an air gap at least twice the diameter of the water system inlet is not provided between the water supply inlet and the fixture's flood level rim. No hose shall be attached to a faucet that is not equipped with a backflow prevention device. (D) Grease Traps. Grease traps, if used, shall be located to be easily accessible for cleaning. (E) Garbage Grinders. Garbage grinders, if used, shall be installed and maintained according to law. (F) Drains. Except for properly trapped open sinks, there shall be no direct connection between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed. 590.018: Toilet Facilities (A) To Installation. Toilet facilities shall be installed according to applicable law, shall be at least one and not less than the number required by law, shall be conveniently located, and shall be accessible to employees at all times. t (B) Toilet Design. Toilets and urinals shall be designed to be easily cleanable. (C) Toilet Rooms. Toilet rooms shall be completely enclosed and shall have tight-fitting, self-closing solid doors, except for screened louvers that may be necessary for ventilation systems. Doors to toilet roams shall not open directly into areas in which food is handled, stored or prepared unless the toilet rooms are equipped with automatic exhaust fans.-Toilet rooms shall be adequately ventilated. (D) Toilet Facility Maintenance. Toilet facilities, including toilet fixtures and any related vestibules, shall be kept clean and in good repair. A supply of toilet tissue shall be provided at each toilet at all times. Easily cleanable receptacles shall be provided for waste materials. Toilet rooms used by women shall have at �. least one covered waste receptacle. The establishment shall post in a 4 conspicuous place in the toilet room used by employees a sign reading as k follows: "Employees must wash hands before returning to work, by order of the f Dept. of Public Health." (E) Patrons' Toilets. If required by law, toilet and lavatory facilities shall be provided for patrons and shall meet the requirements of 105 CMR 590.018. In establishments built or extensively renovated after the effective date of these regulations, patrons toilets shall be located so that they are accessible without traveling through food preparation areas. 590.019: Handwashing Facilities (A) Handwashing Facility installation. Handwashing facilities shall be installed according to applicable law, shall be at least one and not less than the number required by law, and shall be conveniently located in each food 12/31/86 105 CMR - 4243 i , i 105 CMR: DEPARTMENT OF PUBLIC HEALTH ) { j i i 590.019: • continued , w preparation area to permit use by all employees in food preparation and warewashing areas. Each handwashing facility shall be accessible to and usable by employees at all times. Handwashing facilities shall also be located in or immediately adjacent to toilet rooms or their vestibules. Sinks used for food preparation or for warewashing shall not be used for washing of hands or for any other purpose. ;,(B) ,Handwashing Facility Faucets: Each handwashing facility shall be,provided. with Not and cold potable water tempered by means of a mixing valve or combination faucet. Any self-closing, slow-closing, or metering faucet used ` shall be designed to provide a flow of water for at least 15 seconds without the need to reactivate the faucet. Steam mixing valves are prohibited at handwashing facilities. (C) Handwashing Facility Supplies. A supply of hand-cleansing soap or detergent shall be available from a dispensing unit at each handwashing facility. r A supply of sanitary towels or a hand-drying device providing heated air shall ' be conveniently located near each handwashing facility. Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be.conveniently located near the handwashing facilities. (D) Handwashing Facility Maintenance. Handwashing facilities, soap or detergent dispensers, hand-drying devices, and all related facilities shall be kept clean and in good repair. f ,fly 590.020: Garbage and Refuse: Storage and Disposal (A) Containers. (i) .Garbage and refuse shall be held in durable, easily cleanable, M insect-resistant, and rodent-resistant containers that do not leak and do not Iabsorb liquids. Plastic bags and wet strength paper bags may be used to line these containers. Such bags and durable plastic garbage and. refuse containers may be used for storage inside the food establishment. L" (2) Containers used in food preparation and utensil washing areas shall be kept covered when not in continuous use and after they are filled. F (3) Containers stored outside the establishment, including dumpsters. compactors, and compactor systems, shall be easily cleanable, shall be $' provided with tight-fitting lids, doors, or covers, and shall be kept covered when not in actual use. In containers designed with drains, drain plugs shall y be in place at all times, except during cleanings. (4) There shall be a sufficient number of containers to hold all the garbage and refuse that accumulates. (5) Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or ' food preparation areas. Suitable facilities, detergent, and hot water or ? steam, shall be provided and used for cleaning containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage. (B) Storage. A (1) Garbage and refuse on the premises shall be stored in a manner to make I them inaccessible to insects and rodents. Outside storage in non-rodent-resistant plastic containers, unprotected plastic bags, wet strength paper bags, or baled units which contain garbage or refuse is prohibited. Cardboard or other packaging material not containing garbage or food wastes need not be stored in covered containers. (2) Garbage or refuse storage rooms, if used, shall be constructed of easily t cleanable, nonabsorbent, washable materials, shall be kept clean, shall be insect and rodent resistant and shall be large enough to store all the garbage and refuse containers necessitated by disposal pick-up frequency. (3) Outside storage areas or enclosures, if used, shall be kept clean and shall be large enough to store all the garbage and refuse containers necessitated by disposal pick-up frequency. Garbage and refuse containers, dumpsters, and compactor systems located outside, shall be stored on or above a smooth surface of nonabsorbent material, such as concrete or machine-laid asphalt, that is kept clean and maintained in good repair. 12/31/86 105 CMR- 4244 1 i 1 i 105 CMR: DEPARTMENT OF PUBLIC HEALTH 590.020: continued (C) Disposal. Garbage and refuse shall be.disposed of often enough to prevent the development of objectionable odors and the attraction of insects and rodents. 590.021: Insect and Rodent Control .,(A) General. Effective measures shall be utilized to minimize the entry, presence,`and propagation•of rodents or of•flies;cock roaches,.and other-insects. The premises shall be maintained in a condition that prevents the harborage or feeding of insects or rodents. (B) Openings. Openings to the outside shall be effectively protected against the entry of rodents. Outside openings shall be protected against the entry of insects by ' tight-fitting, self-closing doors, closed windows, screening, controlled air currents, or other means. Screen doors shall be self-closing, and screens for windows, skylights, transoms, intake and exhaust air ducts, and other openings to the outside shall be tight-fitting and free of breaks. Screening material shall not be less than 16 mesh to the inch. (C) Pesticides and Rodenticides. (1) No person shall apply insecticides or rodenticides except: (a) in accordance with M.G.L. c. 132B, 333 CMR 10.00 and any other applicable law; and (b) In accordance with the manufacturer's labeling; and (c) in such a way that food, food contact surfaces and the supply of potable water are not contaminated. (2) No open pesticide or rodenticide bait boxes shall be used. 590 022• Physical Facilities: Construction and Maintenance (A) Floor Construction. (1) Except as specified in 105 CMR 590.022(B), floors and floor coverings of all food preparation, food storage, and warewashing areas, and the floors of all walk-in refrigerators, dressing rooms, locker rooms, toilet rooms and vestibules, shall be constructed of smooth nonabsorbent durable material such as sealed concrete, terrazzo, quarry tile, ceramic tile, durable grades of vinyl asbestos or plastic tile, or tight-fitting wood impregnated with plastic, and shall be easily cleanable and Maintained in good repair, Nothing in this section shall prohibit the use of anti-slip floor covering in areas where necessary for safety reasons. (2) Floors that are water flushed or that receive discharges of water or other fluid wastes or are in areas where pressure spray methods for cleaning are used, shall be provided with properly installed trapped drains. Such floors shall be constructed only of sealed concrete, terrazzo, quarry tile, ceramic tile, or similar materials and shall be graded to drain. (3) In all establishments utilizing concrete, terrazzo, quarry tile, ceramic tile, or similar flooring materials, or where water flush cleaning methods are used, the junctures between walls and floors shall be coved and sealed. In all other cases, the juncture between walls and floors shall be coved so as not to present an open seam of more than 1/32 inch(0.8mm). �9 (B) Floor Carpeting. Carpeting, if used as a floor covering, shall be of closely < woven construction, properly installed, easily cleanable, and maintained clean and in good repair. Carpeting shall not be used in food preparation and warewashing areas, in food storage areas, walk-in refrigerators or in toilet room areas where any plumbing fixtures are located. ' (C) Prohibited Floor Coverings. Sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials shall not be used as floor coverings; however, these materials may be used in amounts necessary for immediate spot clean-up of spills or drippage on floors. (D) Mats and Duckboards. Mats and duckboards shall be of nonabsorbent, grease resistant materials, and of such size, design, and construction to s facilitate cleaning and shall be maintained in good repair. 12/31/86 105 CMR - 4245 f 105 CMR: DEPARTMENT OF PUBLIC HEALTH t 590.028: continued as tubs and basins. (b) All five steps of the warewashing process shall be completed: pre-rinsing or scraping: application of cleaners for soil rrmrrval; rinsing to remove any abrasives and remove or dilute cleaning chemicals; sanitization; draining and airdrying: (c) A sanitizing nrelhud specified in 590.013(C)(8)(b) through (c) or (C►(11)(g)shall he used. (d) Wash. rinse and sanitizing solulions shall he maintained in a clean condition. (e) The washing solution shall be maintained at a temperature of 1107 (43°C1, or as specified on the manufacturer's label. (f) When chemicals are used for sanitization, they shall not have concentrations higher than the maximum permitted under 21 CPR 178.1010, "Sanitizing solutions" (or any successor regulation), and a lest kit or other device that measures the parts per million concentration of the solution shall be provided and used at least once each business day and rich time the sanitizing solution is changed. Records of this testing shall be kept on file for thirty days. (9) Mechanical Cleaning and Sanitizing (a) Commercial dishwashers must comply with 590.013(D). (b) A domestic or hornes(yle dishwasher may be used provided the following performance criteria are nret: 1. The dishwasher must effectively remove physical soil from all surfaces of dishes. 2. The operator shall provide and use daily a maximum registering "•` thermometer or a heat thermal label to determine that the dishwasher's internal temperature is a minimum of 150° after the final rinse and drying cycle. Records of this testing shall be kept on file for 30 days. r 3. The dishwasher must be installed and operated according to manufacturer's instructions for the highest level of sanitization possible when. sanitizing residential kitchen facilities' utensils and tableware; a copy of the instructions must be available on the premises at all times. (10) There shall be sufficient area or facilities such as portable dish tubs and drain boards for the proper handling of soiled utensils prior to washing and of cleaned utensils after sanitization so as not to interfere with safe food handling, handwashing and the proper use of dishwashing facilities. Equipment, utensils and tableware shall be air-dried. (11) A soap dispenser and disposable towels for use in handwashing shall be provided at the kitchen sink. This sink shall not be used for handwashing after toilet use. (12) Bathrooms opening to the kitchen or dining area shall have adequate ventilation and a self-closing door. Ventilation may be provided by window(s) or by mechanical means. A soap dispenser and disposable towels 4 shall be provided for handwashing in bathrooms used by foodhandlers. (13). Garbage and refuse shall be held in a sufficient number of durable, ' easily cleanable, insect-resistant and rodent-resistant containers that do not leak and do not absorb liquids. (14) Pets may be present on the premises, but shall be kept out of food f preparation areas during food preparation for retail sale. (15) Laundry facilities may be present in the kitchen, but shall not be used during food preparation for retail sale. f 9 590.029: Mobile Food Units and Pushcarts (A) General. Mobile food units and pushcarts shall comply with the requirements of these regulations except as otherwise provided in this 105 CMR 590.029. The board of health may impose additional requirements to protect against health hazards related to the conduct of the mobile food unit or j pushcart and may prohibit the sale of some or all potentially hazardous foods. r (B) Limited Service. Pushcarts shall be limited to serving non-potentially i hazardous foods or wrapped food prepared at a licensed food processing or food service establishment or retail food store and maintained at proper temperatures. or limited to the preparation and service of frankfurters. 3/1/91 105 CMR - 4250 l' 105 CMR: DEPARTMENT OF PUBLIC HEALTH 590.029: continued (C) Single-Service Articles. Mobile food units or pushcarts shall provide only single-service articles for use by the consumer. (D) Water System. A mobile food unit requiring a water system shall have a potable water system under pressure. The system shall be of sufficient rapacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and handwashing. in accordance: with 1(l5 CMR 590.1105, 590.(113 and 59U.019. The Willer inlet shall be local(Is(, so that it will not be con by waste discharge, road dust, oil, or grease, and i1 shall be kept capped unless being filled. The water inlet shall be provided with a transition connection) of a L, size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of 105 CMR 590.012 and 590.015 through 590.017. (E) Waste Retention. If liquid Waste results from operation of a mobile food unit, the waste shall be stored in a permanently installed retention tank that is of al least 15 percent larger capacity thatu the water supply Tank. Liquid waste. shall not be discharged from the retention tank when the mobile food unit is in motion. All connections un the vehicle for servicing ,,()hill. food unit waste disposal facilities shall be of a different size or type than those used for supplying potable, water to the mobile food unit. The waste connection shall be located lower than Ihp, water inlet connection to preclude contamination of the potable water system. (F) Toilets. Operators of mobile food units and pushcarts shall obtain the use of adequate and suitable toilet facilities where hand-washing facilities are available. No such operator shall return to his work, after using the toilet, without first thoroughly washing his hands. (G) Sanitary Operations. The truck, wagon, or other vehicle, mobile stand or pushcart shall be clean and in a sanitary condition. It shall be so constructed and arranged that food, drink, and utensils will not be exposed to insects, rodents, dust, or other contamination. Only food free from adulteration shall be sold or served. All articles of food and all food shall be served in clean single-service containers. All sandwiches, pastries, and other such items of food shall be wrapped in a clean sanitary outer wrapping and shall be protected from contamination until served. Soda straws and spoons shall'be individually wrapped. Sugar shall be served only from a sanitary sugar dispenser or in' individually wrapped servings. Adequate refrigerated compartments shall be provided on each mobile food unit in which to store such articles as meat sandwiches, salad sandwiches, and extra supplies of soups and other readily perishable foods. Cream, half and half, and non-dairy creaming and whitening agents shall be provided in single-service containers. Mobile food units designed to dispense hot foods shall be provided with suitable units to rapidly heat such foods and to keep such food hot until served. Kitchens or other food preparation areas where food is prepared for service in mobile food units and pushcarts shall comply with all the applicable requirements for food establishments. (H) Exemption for Certain Units. Mobile food units and pushcarts serving or offering for sale only frankfurters or food prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of these regulations, or beverages that are not potentially hazardous and are ` dispensed from covered urns or other protected equipment, need not comply with requirements of these regulations pertaining to the necessity of water and sewage systems 'nor with those requirements pertaining to the cleaning and sanitizatiun of equipment and utensils if the required equipment for cleaning and sanitization exists at the base of operations. (1) Base of Operations. (1) Mobile food. units or pushcarts shall operate from a fixed food establishment and shall report at least daily to such location for all food and supplies and for all cleaning and servicing operations. (2) The food establishment used as a base of operations for mobile food units or pushcarts shall be constructed and operated in compliance with the requirements of these regulations. 105 CMR - 4250-A 3/1/91 105 CMR: DEPARTMENT OF PUBLIC HEALTH I r 590.029: continued (1) Mobile Food Unit Servicing Area. (1) A mobile food unit servicing area shall be provided at the food . establishment and shall include it least overhead proles itm for my supplying, cleaning, or servicing operation. Within this servicing area, there shall be a location provided for the flushing and drainage of liquid wastes separate from the location provided or water servicing and for the loading and unloading of food and related supplies. This servicing area will not be required where onl'v packnRed food is placed on the mobile food unit or pushcart or where. nubile laid units do not ca►tain waste retention lanks. (a) The surface of the servicing area shall be constructed of a smooth nonabsorbenl material, such as concrete or machine-laid asphalt and shall be maintained in good repair. kept clean, and be graded to drain. (b) The construction of the walls and ceilings of the servicing area is exempted from the provisions of 105 CN111 590.022. (2) Potable water servicing equipment shall be installed according to law and shall be stored and handled in a way that protects the water and equipment from contancinnlion. (3) The mobile food unit liquid waste retention tank, where used, shall be a thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary sewage disposal system in accordance will) 105 CMR 590.0113. (K) Identification of Mobile Food Units and Pushcarts. Mobile food units and pushcarts shall have identification, i.e., person's name and/or business name and address in letters not smaller than three inches, on the left and right door panels of the vehicle or on the left and right sides of the pushcart. k, 590.030: Temporary Food Establishments t (A) General. A temporary food establishment shall comply with the requirements of these regulations, except as otherwise provided in this 105 CMR 590.030. The board of health may impose additional_ requirements to protect aglinst health hazards related to the conduct of the temporary food rt establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of these regulations pursuant to the provisions of 105 CMR 590.061. (B) Restricted Operations. Whenever a temporary food establishment is permitted to operate without complying with all the requirements of these regulations, the following requirements are applicable. Only those potentially hazardous foods requiring limited preparation, such as hamburgers and frankfurters that only require seasoning and cooking, shall be prepared or served. The preparation or service of other potentially hazardous foods including pastries filled with cream or synthethic cream, custards, and similar products. and salads or sandwiches containing meat, poultry, eggs or fish is {, l prohibited. This prohibition does not apply to any potentially hazardous food <a 3/l/91 105 CMR - 4250.2